AB977,170
11Section
170. 111.81 (7) (g) of the statutes is created to read:
AB977,72,1412
111.81
(7) (g) For purposes of this subchapter only, home care providers. This
13paragraph does not make home care providers state employees for any other purpose
14except collective bargaining.
AB977,171
15Section 171
. 111.81 (9) of the statutes is amended to read:
AB977,72,2116
111.81
(9) “Fair-share agreement" means an agreement between the employer
17and a labor organization representing
public safety employees
or supervisors
18specified in s. 111.825 (5) under which all of the
public safety employees
or
19supervisors in a collective bargaining unit are required to pay their proportionate
20share of the cost of the collective bargaining process and contract administration
21measured by the amount of dues uniformly required of all members.
AB977,172
22Section 172
. 111.81 (9g) of the statutes is repealed.
AB977,173
23Section
173. 111.81 (9k) of the statutes is created to read:
AB977,72,2524
111.81
(9k) “Home care provider" means a qualified provider under s. 46.2898
25(1) (f).
AB977,174
1Section
174. 111.81 (12) (intro.) of the statutes is amended to read:
AB977,73,62
111.81
(12) (intro.) “Labor organization" means any employee organization
3whose purpose is to represent employees in collective bargaining with the employer,
4or its agents, on matters
that are subject to collective bargaining under s. 111.91 (1)
5or (3), whichever is applicable pertaining to terms and conditions of employment; but
6the term shall not include any organization:
AB977,175
7Section 175
. 111.81 (12m) of the statutes is amended to read:
AB977,73,158
111.81
(12m) “Maintenance of membership agreement" means an agreement
9between the employer and a labor organization representing
public safety employees
10or supervisors specified in s. 111.825 (5) which requires that all of the
public safety
11employees
or supervisors whose dues are being deducted from earnings under s.
1220.921 (1) or 111.84 (1) (f) at the time the agreement takes effect shall continue to
13have dues deducted for the duration of the agreement, and that dues shall be
14deducted from the earnings of all
public safety employees
or supervisors who are
15hired on or after the effective date of the agreement.
AB977,176
16Section 176
. 111.81 (16) of the statutes is amended to read:
AB977,73,2117
111.81
(16) “Referendum" means a proceeding conducted by the commission in
18which
public safety employees
, or supervisors specified in s. 111.825 (5), in a
19collective bargaining unit may cast a secret ballot on the question of directing the
20labor organization and the employer to enter into a fair-share or maintenance of
21membership agreement or to terminate such an agreement.
AB977,177
22Section 177
. 111.815 (1) of the statutes is renumbered 111.815 (1) (a) and
23amended to read:
AB977,74,924
111.815
(1) (a) In the furtherance of this subchapter, the state shall be
25considered as a single employer and employment relations policies and practices
1throughout the state service shall be as consistent as practicable. The division shall
2negotiate and administer collective bargaining agreements
, except that the
3department of health services, subject to the approval of the federal centers for
4medicare and medicaid services to use collective bargaining as the method of setting
5rates for reimbursement of home care providers, shall negotiate and administer
6collective bargaining agreements entered into with the collective bargaining unit
7specified in s. 111.825 (2g). To coordinate the employer position in the negotiation
8of agreements, the division shall maintain close liaison with the legislature relative
9to the negotiation of agreements and the fiscal ramifications of those agreements.
AB977,74,15
10(b) 1. Except with respect to the collective bargaining units specified in s.
11111.825 (1r)
and, (1t),
and (2g), the division is responsible for the employer functions
12of the executive branch under this subchapter, and shall coordinate its collective
13bargaining activities with operating state agencies on matters of agency concern.
14The legislative branch shall act upon those portions of tentative agreements
15negotiated by the division that require legislative action.
AB977,74,18
162. With respect to the collective bargaining units specified in s. 111.825 (1r), the
17Board of Regents of the University of Wisconsin System is responsible for the
18employer functions under this subchapter.
AB977,74,21
193. With respect to the collective bargaining units specified in s. 111.825 (1t), the
20chancellor of the University of Wisconsin-Madison is responsible for the employer
21functions under this subchapter.
AB977,74,24
224. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef),
23the governing board of the charter school established by contract under s. 118.40 (2r)
24(cm), 2013 stats., is responsible for the employer functions under this subchapter.
AB977,178
25Section 178
. 111.815 (1) (b) 5. of the statutes is created to read:
AB977,75,3
1111.815
(1) (b) 5. With respect to the collective bargaining unit specified in s.
2111.825 (2g), the department of health services is responsible for the employer
3functions of the executive branch under this subchapter.
AB977,179
4Section 179
. 111.815 (2) of the statutes is amended to read:
AB977,75,115
111.815
(2) The In the furtherance of the policy under s. 111.80 (4), the 6administrator of the division shall, together with the appointing authorities or their
7representatives, represent the state in its responsibility as an employer under this
8subchapter except with respect to negotiations in the collective bargaining units
9specified in s. 111.825 (1r)
and, (1t)
, and (2g). Except as provided in s. 36.115 (7), the
10administrator of the division shall establish and maintain, wherever practicable,
11consistent employment relations policies and practices throughout the state service.
AB977,180
12Section 180
. 111.82 of the statutes is amended to read:
AB977,75,19
13111.82 Rights of employees. Employees have the right of self-organization
14and the right to form, join, or assist labor organizations, to bargain collectively
15through representatives of their own choosing under this subchapter, and to engage
16in lawful, concerted activities for the purpose of collective bargaining or other mutual
17aid or protection. Employees also have the right to refrain from any or all of such
18activities.
A general employee has the right to refrain from paying dues while
19remaining a member of a collective bargaining unit.
AB977,181
20Section 181
. 111.825 (1) (g) of the statutes is repealed.
AB977,182
21Section
182. 111.825 (2g) of the statutes is created to read:
AB977,75,2322
111.825
(2g) A collective bargaining unit for employees who are home care
23providers shall be structured as a single statewide collective bargaining unit.
AB977,183
24Section 183
. 111.825 (3) of the statutes is amended to read:
AB977,76,2
1111.825
(3) The commission shall assign employees to the appropriate
2collective bargaining units set forth in subs. (1), (1r), (1t),
and (2)
, and (2g).
AB977,184
3Section 184
. 111.825 (4) of the statutes is amended to read:
AB977,76,114
111.825
(4) Any labor organization may petition for recognition as the exclusive
5representative of a collective bargaining unit specified in sub. (1), (1r), (1t),
or (2)
, or
6(2g) in accordance with the election procedures set forth in s. 111.83, provided the
7petition is accompanied by a 30 percent showing of interest in the form of signed
8authorization cards. Each additional labor organization seeking to appear on the
9ballot shall file petitions within 60 days of the date of filing of the original petition
10and prove, through signed authorization cards, that at least 10 percent of the
11employees in the collective bargaining unit want it to be their representative.
AB977,185
12Section 185
. 111.825 (5) of the statutes is amended to read:
AB977,76,2413
111.825
(5) Although supervisors are not considered employees for purposes
14of this subchapter, the commission may consider a petition for a statewide collective
15bargaining unit of professional supervisors or a statewide unit of nonprofessional
16supervisors in the classified service, but the representative of supervisors may not
17be affiliated with any labor organization representing employees. For purposes of
18this subsection, affiliation does not include membership in a national, state, county
19or municipal federation of national or international labor organizations. The
20certified representative of supervisors
who are not public safety employees may not
21bargain collectively with respect to any matter other than wages
and fringe benefits
22as provided in
s. 111.91 (3), and the certified representative of supervisors who are
23public safety employees may not bargain collectively with respect to any matter other
24than wages and fringe benefits as provided in s. 111.91 (1).
AB977,186
25Section 186
. 111.825 (6) (a) of the statutes is renumbered 111.825 (6).
AB977,187
1Section
187. 111.825 (6) (b) of the statutes is repealed.
AB977,188
2Section 188
. 111.83 (1) of the statutes is amended to read:
AB977,77,163
111.83
(1) Except as provided in sub. (5), a representative chosen for the
4purposes of collective bargaining by
at least 51 percent a majority of the
general 5employees
voting in a collective bargaining unit shall be the exclusive representative
6of all of the employees in such unit for the purposes of collective bargaining.
A
7representative chosen for the purposes of collective bargaining by a majority of the
8public safety employees voting in a collective bargaining unit shall be the exclusive
9representative of all of the employees in such unit for the purposes of collective
10bargaining. Any individual employee, or any minority group of employees in any
11collective bargaining unit, may present grievances to the employer in person, or
12through representatives of their own choosing, and the employer shall confer with
13the employee or group of employees in relation thereto if the majority representative
14has been afforded the opportunity to be present at the conference. Any adjustment
15resulting from such a conference may not be inconsistent with the conditions of
16employment established by the majority representative and the employer.
AB977,189
17Section 189
. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).
AB977,190
18Section 190
. 111.83 (3) (b) of the statutes is repealed.
AB977,191
19Section 191
. 111.83 (4) of the statutes is amended to read:
AB977,78,320
111.83
(4) Whenever an election has been conducted under sub. (3)
(a) in which
21the name of more than one proposed representative appears on the ballot and results
22in no conclusion, the commission may, if requested by any party to the proceeding
23within 30 days from the date of the certification of the results of the election, conduct
24a runoff election. In that runoff election, the commission shall drop from the ballot
25the name of the representative who received the least number of votes at the original
1election. The commission shall drop from the ballot the privilege of voting against
2any representative if the least number of votes cast at the first election was against
3representation by any named representative.
AB977,192
4Section 192
. 111.83 (5) (d), (e) and (f) of the statutes are amended to read:
AB977,78,105
111.83
(5) (d) If at an election held under par. (b),
at least 51 percent a majority 6of the employees in the collective bargaining unit at all institutions in which the
7choice to participate in collective bargaining receives
at least 51 percent a majority 8of the
eligible votes
cast elect to be represented by a single labor organization, that
9labor organization shall be the exclusive representative for all employees in that
10collective bargaining unit, except those excluded under par. (c).
AB977,78,1611
(e) If at an election held under par. (b),
at least 51 percent a majority of the
12employees in the collective bargaining unit at all institutions in which the choice to
13participate in collective bargaining receives
at least 51 percent a majority of the
14eligible votes
cast do not elect to be represented by a single labor organization, the
15commission may hold one or more runoff elections under sub. (4) until one
16representative receives
at least 51 percent a majority of the
eligible votes
cast.
AB977,79,217
(f) Notwithstanding par. (b), if a labor organization is certified to represent the
18employees within the collective bargaining unit at one or more institutions, and a
19petition is filed with the commission indicating a showing of interest by the
20employees at an institution which is not a part of the unit under par. (c) to be
21represented by a labor organization, the only question which may appear on the
22ballot shall be whether the employees desire to participate in collective bargaining.
23A petition under this paragraph may be filed only during June in an even-numbered
24year. If
at least 51 percent a majority of the employees
voting at the institution who
25are included within the collective bargaining unit vote to participate in collective
1bargaining, the employees at that institution shall become a part of that collective
2bargaining unit.
AB977,193
3Section
193. 111.83 (5m) of the statutes is created to read:
AB977,79,54
111.83
(5m) (a) This subsection applies only to a collective bargaining unit
5specified in s. 111.825 (2g).
AB977,79,86
(am) 1. Subject to subd. 2., the department of health services shall provide a
7labor organization with the list of home care providers provided to the department
8of health services under s. 52.20 (5) if any of the following applies:
AB977,79,119
a. The labor organization demonstrates a showing of interest of at least 3
10percent of home care providers included in the collective bargaining unit under s.
11111.825 (2g) to be represented by that labor organization.
AB977,79,1312
b. The labor organization is a certified representative of any home care
13providers in this state.
AB977,79,1514
c. The labor organization was a certified representative of any home care
15providers in this state prior to July 1, 2009.
AB977,79,1816
2. A labor organization shall agree to use any list it receives under subd. 1. only
17for communicating with home care providers concerning the exercise of their rights
18under s. 111.82 and shall agree to keep the list confidential.
AB977,80,419
(b) Upon the filing of a petition with the commission indicating a showing of
20interest of at least 30 percent of the home care providers included in the collective
21bargaining unit under s. 111.825 (2g) to be represented by a labor organization or to
22change the existing representative, the commission shall hold an election in which
23the home care providers may vote on the question of representation. The labor
24organization named in the petition shall be included on the ballot. Within 60 days
25of the time that the petition is filed, another petition may be filed with the
1commission indicating a showing of interest of at least 10 percent of the home care
2providers who are included in the collective bargaining unit under s. 111.825 (2g) to
3be represented by another labor organization, in which case the name of that labor
4organization shall also be included on the ballot.
AB977,80,105
(c) If at an election held under par. (b), a majority of home care providers voting
6in the collective bargaining unit vote for a single labor organization, the labor
7organization shall be the exclusive representative for all home care providers in that
8collective bargaining unit. If no single labor organization receives a majority of the
9votes cast, the commission may hold one or more runoff elections under sub. (4) until
10one labor organization receives a majority of the votes cast.
AB977,194
11Section 194
. 111.84 (1) (b) of the statutes is amended to read:
AB977,81,412
111.84
(1) (b) Except as otherwise provided in this paragraph, to initiate,
13create, dominate or interfere with the formation or administration of any labor or
14employee organization or contribute financial support to it. Except as provided in
15ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin
16retirement system under ch. 40 and no action by the employer that is authorized by
17such a law constitutes a violation of this paragraph unless an applicable collective
18bargaining agreement
covering a collective bargaining unit under s. 111.825 (1) (g) 19specifically prohibits the change or action. No such change or action affects the
20continuing duty to bargain collectively
with a collective bargaining unit under s.
21111.825 (1) (g) regarding the Wisconsin retirement system under ch. 40 to the extent
22required by s. 111.91
(1). It is not an unfair labor practice for the employer to
23reimburse an employee at his or her prevailing wage rate for the time spent during
24the employee's regularly scheduled hours conferring with the employer's officers or
25agents and for attendance at commission or court hearings necessary for the
1administration of this subchapter. Professional supervisory or craft personnel may
2maintain membership in professional or craft organizations; however, as members
3of such organizations they shall be prohibited from those activities related to
4collective bargaining in which the organizations may engage.
AB977,195
5Section 195
. 111.84 (1) (d) of the statutes is amended to read:
AB977,81,156
111.84
(1) (d) To refuse to bargain collectively on matters set forth in s. 111.91
7(1)
or (3), whichever is appropriate, with a representative of a majority of its
8employees in an appropriate collective bargaining unit. Where the employer has a
9good faith doubt as to whether a labor organization claiming the support of a majority
10of its employees in appropriate collective bargaining unit does in fact have that
11support, it may file with the commission a petition requesting an election as to that
12claim. It is not deemed to have refused to bargain until an election has been held and
13the results thereof certified to it by the commission. A violation of this paragraph
14includes, but is not limited to, the refusal to execute a collective bargaining
15agreement previously orally agreed upon.
AB977,196
16Section 196
. 111.84 (1) (f) of the statutes is amended to read:
AB977,81,2517
111.84
(1) (f) To deduct labor organization dues from
the an employee's 18earnings
of a public safety employee, unless the employer has been presented with
19an individual order therefor, signed by the
public safety employee personally, and
20terminable by at least the end of any year of its life or earlier by the
public safety
21employee giving at least 30 but not more than 120 days' written notice of such
22termination to the employer and to the representative labor organization, except if
23there is a fair-share or maintenance of membership agreement in effect. The
24employer shall give notice to the labor organization of receipt of such notice of
25termination.
AB977,197
1Section
197. 111.84 (2) (c) of the statutes is amended to read:
AB977,82,92
111.84
(2) (c) To refuse to bargain collectively on matters set forth in s. 111.91
3(1)
or (3), whichever is appropriate, with the duly authorized officer or agent of the
4employer which is the recognized or certified exclusive collective bargaining
5representative of employees specified in s. 111.81 (7) (a) in an appropriate collective
6bargaining unit or with the certified exclusive collective bargaining representative
7of employees specified in s. 111.81 (7) (ar) to
(f)
(g) in an appropriate collective
8bargaining unit. Such refusal to bargain shall include, but not be limited to, the
9refusal to execute a collective bargaining agreement previously orally agreed upon.
AB977,198
10Section 198
. 111.84 (3) of the statutes is amended to read:
AB977,82,1411
111.84
(3) It is an unfair labor practice for any person to do or cause to be done
12on behalf of or in the interest of employers or employees, or in connection with or to
13influence the outcome of any controversy as to employment relations, any act
14prohibited by
sub. subs. (1)
or and (2).
AB977,199
15Section 199
. 111.845 of the statutes is repealed.
AB977,200
16Section 200
. 111.85 (1), (2) and (4) of the statutes are amended to read:
AB977,82,2517
111.85
(1) (a) No fair-share or maintenance of membership agreement
18covering public safety employees may become is effective unless authorized by a
19referendum. The commission shall order a referendum whenever it receives a
20petition supported by proof that at least 30 percent of the
public safety employees
or
21supervisors specified in s. 111.825 (5) in a collective bargaining unit desire that a
22fair-share or maintenance of membership agreement be entered into between the
23employer and a labor organization. A petition may specify that a referendum is
24requested on a maintenance of membership agreement only, in which case the ballot
25shall be limited to that question.
AB977,83,8
1(b) For a fair-share agreement to be authorized, at least two-thirds of the
2eligible
public safety employees
or supervisors voting in a referendum
shall
must 3vote in favor of the agreement. For a maintenance of membership agreement to be
4authorized, at least a majority of the eligible
public safety employees
or supervisors 5voting in a referendum
shall must vote in favor of the agreement. In a referendum
6on a fair-share agreement, if less than two-thirds but more than one-half of the
7eligible
public safety employees
or supervisors vote in favor of the agreement, a
8maintenance of membership agreement is authorized.
AB977,83,229
(c) If a fair-share or maintenance of membership agreement is authorized in
10a referendum, the employer shall enter into such an agreement with the labor
11organization named on the ballot in the referendum. Each fair-share or
12maintenance of membership agreement shall
contain a provision requiring require 13the employer to deduct the amount of dues as certified by the labor organization from
14the earnings of the
public safety employees
or supervisors affected by the agreement
15and to pay the amount
so deducted to the labor organization. Unless the parties
16agree to an earlier date, the agreement
shall take
takes effect 60 days after
17certification by the commission that the referendum vote authorized the agreement.
18The employer shall be held harmless against any claims, demands, suits
, and other
19forms of liability made by
public safety employees
or supervisors or local labor
20organizations which may arise for actions
taken by the employer
takes in compliance
21with this section. All such lawful claims, demands, suits
, and other forms of liability
22are the responsibility of the labor organization entering into the agreement.
AB977,84,423
(d) Under each fair-share or maintenance of membership agreement,
a public
24safety an employee
or supervisor who has religious convictions against dues
25payments to a labor organization based on teachings or tenets of a church or religious
1body of which he or she is a member
shall, on may request
to the labor organization
,
2have to pay his or her dues
paid to a charity mutually agreed upon by the
public
3safety employee
or supervisor and the labor organization. Any dispute
concerning 4under this paragraph may be submitted to the commission for adjudication.
AB977,84,20
5(2) (a) Once authorized, a fair-share or maintenance of membership
6agreement
covering public safety employees shall continue is in effect, subject to the
7right of the employer or labor organization concerned to petition the commission to
8conduct a new referendum. Such petition must be supported by proof that at least
930 percent of the
public safety employees
or supervisors in the collective bargaining
10unit desire that the fair-share or maintenance of membership agreement be
11discontinued. Upon so finding, the commission shall conduct a new referendum. If
12the continuance of the fair-share or maintenance of membership agreement is
13approved in the referendum by at least the percentage of eligible voting
public safety
14employees
or supervisors required for its initial authorization, it shall be continued
15in effect, subject to the right of the employer or labor organization to later initiate a
16further vote following the procedure prescribed in this subsection. If the
17continuation of the agreement is not supported in any referendum, it
is deemed
18terminated terminates at the termination of the collective bargaining agreement, or
19one year from the date of the certification of the result of the referendum, whichever
20is earlier.
AB977,85,421
(b) The commission shall
declare suspend any fair-share or maintenance of
22membership agreement
suspended upon such conditions and for such time as the
23commission decides whenever it finds that the labor organization involved has
24refused on the basis of race, color, sexual orientation
, or creed to receive as a member
25any
public safety employee
or supervisor in the collective bargaining unit involved,
1and the agreement shall be made subject to the findings and orders of the
2commission. Any of the parties to the agreement, or any
public safety employee
or
3supervisor covered thereby, may come before the commission, as provided in s.
4111.07, and petition the commission to make such a finding.
AB977,85,7
5(4) The commission may, under rules adopted for that purpose, appoint as its
6agent an official of a state agency whose
public safety employees are entitled to vote
7in a referendum to conduct a referendum provided for herein.
AB977,201
8Section
201. 111.905 of the statutes is created to read:
AB977,85,11
9111.905 Rights of consumer. (1) This subchapter does not interfere with the
10rights of the consumer to hire, discharge, suspend, promote, retain, lay off, supervise,
11or discipline home care providers or to set conditions and duties of employment.
AB977,85,13
12(2) A home care provider is an at will provider of home care services to a
13consumer, and this subchapter does not interfere with that relationship.
AB977,202
14Section 202
. 111.91 (1) (a) of the statutes is amended to read:
AB977,85,2315
111.91
(1) (a) Except as provided in pars. (b) to
(d), with regard to a collective
16bargaining unit under s. 111.825 (1) (g) (e), matters subject to collective bargaining
17to the point of impasse are wage rates, consistent with sub. (2), the assignment and
18reassignment of classifications to pay ranges, determination of an incumbent's pay
19status resulting from position reallocation or reclassification, and pay adjustments
20upon temporary assignment of classified
public safety employees to duties of a higher
21classification or downward reallocations of a classified
public safety employee's
22position; fringe benefits consistent with sub. (2); hours and conditions of
23employment.
AB977,203
24Section 203
. 111.91 (1) (b) of the statutes is amended to read:
AB977,86,5
1111.91
(1) (b) The employer is not required to bargain
with a collective
2bargaining unit under s. 111.825 (1) (g) on management rights under s. 111.90, except
3that procedures for the adjustment or settlement of grievances or disputes arising
4out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of
5bargaining.
AB977,204
6Section 204
. 111.91 (1) (c) of the statutes is amended to read:
AB977,86,87
111.91
(1) (c) The employer is prohibited from bargaining
with a collective
8bargaining unit under s. 111.825 (1) (g) on matters contained in sub. (2).
AB977,205
9Section
205. 111.91 (1) (cg) of the statutes is created to read:
AB977,86,1210
111.91
(1) (cg) The representative of home care providers in the collective
11bargaining unit specified under s. 111.825 (2g) may not bargain collectively with
12respect to any matter other than wages and fringe benefits.
AB977,206
13Section 206
. 111.91 (1) (cm) of the statutes is amended to read:
AB977,86,1914
111.91
(1) (cm) Except as provided in sub. (2) and ss. 40.02 (22) (e) and 40.23
15(1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40 and all
16actions of the employer that are authorized under any such law which apply to
17nonrepresented individuals employed by the state shall apply to similarly situated
18public safety employees, unless otherwise specifically provided in a collective
19bargaining agreement that applies to the
public safety employees.
AB977,207
20Section 207
. 111.91 (1) (d) of the statutes is amended to read:
AB977,86,2321
111.91
(1) (d)
In the case of a collective bargaining unit under s. 111.825 (1) (g),
22demands Demands relating to retirement and group insurance shall be submitted
23to the employer at least one year prior to commencement of negotiations.